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(영문) 청주지방법원 2020.11.06 2020가단25161
주주권확인 등
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The defendant is a company established on December 5, 1992 with the pipe manufacturing and selling business as its main business purpose, and the plaintiff is a person who served as the representative director of the defendant from December 5, 1995 to March 26, 2018.

B. On January 30, 2018, the Defendant: (a) held a temporary general meeting of shareholders and decided to acquire KRW 17,000 of the Defendant’s registered common share for the purpose of retirement in order to increase business management purposes and shareholder values; (b) held a board of directors on the same day to acquire KRW 17,840,539,00 in the Defendant’s registered common share for the purpose of retirement to increase business management purposes and shareholder values; and (c) decided to acquire KRW 17,000 in the Defendant’s registered common share for the purpose of retirement to KRW 108,267 per share; and (d) the period of application for stock transfer from February 14, 2018 to March 12, 2018; and (e) from March 13, 2018 to April 12, 2018.

C. On March 12, 2018, the Plaintiff entered into a share transfer contract (hereinafter “instant transfer contract”) with the Defendant to transfer the Defendant’s registered common shares 17,000 won (hereinafter “instant shares”) to the transfer price of KRW 1,840,539,000 per share (hereinafter “instant transfer contract”). On March 13, 201, the Defendant treated the said transfer price as the deemed dividend pursuant to Article 17(1) and (2) of the Income Tax Act, and withheld the Plaintiff’s income tax and local income tax from the transfer of the instant shares at KRW 270,353,000, and paid the Plaintiff the remainder of KRW 1,570,186,000 on the basis of the transfer of the instant shares.

On March 13, 2018, the Defendant held a board of directors on March 13, 2018 and resolved to retire the shares of this case that were acquired from the Plaintiff.

Accordingly, the defendant's issued shares with 170,000 shares reduced to 153,00 shares.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 8, Eul 1 through 6, the purport of the whole pleadings

2. As to the Defendant’s defense prior to the merits and the instant lawsuit seeking confirmation against the Defendant as to whether the Plaintiff was a shareholder of the instant shares, the Defendant raised an objection against the Defendant.

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